SAN DIEGO, CALIFORNIA, THURSDAY, AUGUST 1, 2002, 1:35 P.M. (afternoon 1)
WITNESS:Robert D. Hall (Forensic entomologist, testified about dates bugs had access to Danielle’s body – continued)
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THE COURT: WELCOME BACK, LADIES AND GENTLEMEN. THE PADS. ARE DOWN THREE TWO, BUT THEY HAVE A RUNNER ON THIRD. NO OUTS.
ALL RIGHT. MR. DUSEK.
MR. DUSEK: THANK YOU.
BY MR. DUSEK:Q.: DR. HALL, DID YOU GET A CHANCE TO REVIEW ANY DOCUMENTS OR TRANSCRIPTS DURING THE LUNCH HOUR?A.: I REVIEWED SOME OF THE — SOME OF THE TEMPERATURE DATA THAT I HAVE.Q.: AND THE TEMPERATURE DATA IS FROM WHERE?A.: THE TEMPERATURE DATA WOULD BE FROM KAMAL, FROM ANDERSON, FROM GREENBURG.Q.: ALL RIGHT.
DID YOU GET A CHANCE TO REVIEW A TRIAL TRANSCRIPT OF DAVID FAULKNER FROM HIS TESTIMONY IN THIS CASE?A.: I DIDN’T REVIEW THAT OVER THE NOON HOUR, SIR.Q.: DID YOU RECEIVE ANY INFORMATION THAT HE SAYS HE USED BOTH LINDBERGH FIELD AND EL CAJON WHEN HE MADE HIS COMPUTATIONS?A.: NO, SIR.Q.: DO YOU KNOW IF THERE IS A DIFFERENCE BETWEEN THE LINDBERGH FIELD TEMPERATURES AND EL CAJON TEMPERATURES HERE?A.: I DON’T KNOW.Q.: AFTER WE BROKE, I ASKED YOU IF YOU WOULD TRY TO CONVERT THE TEMPERATURES THAT WE PUT ON THE BOARD ON EXHIBIT 198 FROM CENTIGRADE TO FAHRENHEIT AND VICE-VERSA. WERE YOU ABLE TO DO THAT FOR US DURING THE BREAK?A.: YES, SIR. EXCEPT THAT I SIMPLY PUT IN — I DON’T BELIEVE I MADE A CONVERSION — I PUT IN AFTER LOOKING AT KAMAL’S DATA THAT’S 26.7 DEGREES CENTIGRADE. I DON’T BELIEVE I MADE A REVERSE CONVERSION TO THAT INTO FAHRENHEIT. IT’S PRETTY CLOSE TO 80.Q.: ALL RIGHT.
WHAT YOU PUT IN IS IN THE GREEN WRITING ON THE BOARD.A.: THAT’S THE WRITING THAT HAS BEEN PUT IN THERE MOST RECENTLY, YES, SIR.Q.: AND DOWN UNDER GREENBURG WE HAVE SOME GREEN WRITING IT LOOKS LIKE 71.6 DEGREES FAHRENHEIT OR 22 DEGREES CELSIUS.A.: THAT’S CORRECT.Q.: AND IT LOOKS LIKE IT’S 84.2 DEGREES FAHRENHEIT OR 29 DEGREES CELSIUS.A.: THAT’S CORRECT.Q.: AND UNDER ANDERSON YOU’VE ALSO PUT IN THE APPROPRIATE FAHRENHEIT TEMPERATURES FOR THOSE OTHER TEMPERATURES.A.: YES.Q.: ONE OF THE OTHER THINGS THAT YOU MENTIONED ABOUT LEE GOFF IS INATTENTION TO DETAIL. APPARENTLY THE DISCREPANCY OVER MEAN AND MEDIUM. IN THIS CASE DID YOU HAVE DAVID FAULKNER’S REPORT?A.: I HAD FAULKNER’S. THE TYPED REPORT THAT WAS CALLED — I CAN’T REMEMBER WHETHER IT WAS FORENSIC ENTOMOLOGY REPORT OR WHAT, WHATEVER IT WAS.Q.: IT WAS HIS TYPED FORMAL REPORT THAT WAS PROVIDED TO YOU, RIGHT?A.: THAT’S WHAT I SAW, YES, SIR.Q.: AND IN THAT TYPED FORMAL REPORT HE INDICATED THAT HIS TIME PERIOD WAS FEBRUARY 16TH TO 18TH. IS THAT HOW YOU REMEMBER?A.: I BELIEVE THAT’S RIGHT, YES, SIR.Q.: LET ME SHOW YOU JUST TO MAKE SURE.A.: HE PUTS IN THE DATES 16 TO 18 FEBRUARY.Q.: ALL RIGHT.
THAT APPEARS TO BE HIS FINDINGS IN THIS CASE, IS THAT RIGHT?A.: YES, SIR.Q.: DID YOU MENTION HIS FINDINGS IN YOUR REPORT?A.: I MENTIONED DAVID FAULKNER IN THE SENSE THAT I GAVE AN ASSESSMENT ABOUT HIS ENTOMOLOGICAL COLLECTION.Q.: ALL RIGHT.
DID YOU ALSO TAKE SOME ROUGH NOTES REGARDING THIS CASE?A.: I HAD SOME ROUGH NOTES, YES.Q.: I THINK WE WERE PROVIDED AT LEAST A ONE-PAGE LOOKS LIKE ROUGH NOTES TODAY, THIS MORNING. I’M SHOWING YOU THAT PAGE. DOES THAT APPEAR TO BE THE ROUGH NOTES THAT YOU TOOK?A.: THAT’S RIGHT.Q.: THAT’S YOUR WRITING?A.: THAT IS.Q.: DID YOU INDICATE ON THAT ROUGH NOTES WHAT DAVID FAULKNER’S FINDINGS WERE?A.: YEAH. THIS SAYS FAULKNER DID A REPORT AND SAID 15 THROUGH 17 FEBRUARY.Q.: HIS ORIGINAL REPORT, AT LEAST THE TYPED REPORT, SAID 16 TO 18, DIDN’T IT?A.: YES, IT DID.Q.: WHERE DOES THE 15 THROUGH 17 COME FROM?A.: THIS COMES FROM A TELEPHONE CONVERSATION THAT I HAD ON THE 19TH OF JUNE. AND THAT IS WHERE THE NUMBERS THAT WERE RELAYED TO ME OVER THE TELEPHONE.Q.: BY WHOM?A.: AT THAT TIME THE TELEPHONE CALL WAS WITH MS. SCHAEFER.Q.: WHO’S THAT?A.: LAURA SCHAEFER.Q.: ONE OF THE DEFENSE ATTORNEYS IN THE CASE?A.: YES.Q.: ARE YOU SURE SHE SAID 15 THROUGH 17 OR YOU TOOK IT DOWN WRONG?A.: SIR, THOSE ARE THE NUMBERS I TOOK DOWN.Q.: ALL RIGHT.
NOW, I THINK WHEN WE BROKE AT LUNCH WE TALKED ABOUT THE VARIOUS TEMPERATURES EACH OF THESE THREE PEOPLE IN YOUR FIELD HAVE USED TO ASSESS THE RATE OF DEVELOPMENT OF FLIES AND THEIR OFFSPRING. IS THAT CORRECT?A.: THAT’S CORRECT.Q.: AND I THINK YOU TOLD US IN YOUR DIRECT TESTIMONY THAT YOU USED THESE NUMBERS AND THESE INDIVIDUALS TO COMPUTE YOUR OWN CONCLUSIONS. IS THAT CORRECT?A.: YES. I FACTORED THEM IN.Q.: WHAT I HAVE HAD HERE AT LEAST KIND OF THE BASICS OF A CHART, AND I’M GOING TO ASK YOU TO FILL IN FOR US SO WE HAVE THE NUMBERS SPECIFICALLY.
MR. DUSEK: AND THIS EXHIBIT WILL BE?
THE COURT: 199 FOR IDENTIFICATION.
MR. DUSEK: THANK YOU.
(CHART MARKED TRIAL EXHIBIT NUMBER 199 FOR
IDENTIFICATION.)
BY MR. DUSEK:Q.: I’VE TRIED TO GET US STARTED ON THIS CHART, AT LEAST THE BASIC OUTLINE, SO YOU CAN FILL IN YOUR FINDINGS, SIR.
WHAT I’VE DONE AT THE TOP IS LABELED THIS SINGING HILLS. I’VE ALSO UNDERNEATH SINGING HILLS PUT ENTER THIRD INSTAR AND EXIT THIRD INSTAR. DO YOU SEE WHERE I HAVE THAT?A.: YES.Q.: AND BASED UPON YOUR REPORT, YOU MADE CALCULATIONS FOR ENTERING AND EXITING THIRD INSTAR USING THOSE VARIOUS PEOPLE IN YOUR FIELD. CORRECT?A.: THAT’S CORRECT.Q.: AND YOU DID IT AT SINGING HILLS FOR THE WEATHER DATA AT SINGING HILLS?A.: USING THE WEATHER DATA AT SINGING HILLS, YES, SIR.Q.: IN FACT, YOU DID IT REGARDING EACH OF THE KAMAL, GREENBURG, AND ANDERSON, DIDN’T YOU?A.: YES, SIR.Q.: AND DID YOU DO IT ALSO FOR THE SERICATA FLY AND THE REGINA FLY?A.: I DID IT FOR PHORMIA REGINA, FOR PHAENICIA SERICATA. I DID IT TO ENTER THE THIRD INSTAR FOR ALL SPECIES EXCEPT FOR ANDERSON’S DATA. I JUST RAN OUT OF TIME. SO I DIDN’T HAVE AN EXIT THE THIRD INSTAR ON ANDERSON’S DATA.Q.: NOW, WHAT I WOULD LIKE YOU TO DO, THEN, SIR, IS TO STEP TO THE BOARD WITH WHATEVER COLOR FELT PEN YOU CAN GRAB THERE AND UNDER THE SERICATA FLY, USING KAMAL’S DATA, WHAT TIME PERIOD DID YOU FIND FOR THE ENTERING THE THIRD INSTAR?A.: OKAY. LET ME SEE. I WILL NEED MY SHEET OF TEMPERATURES FOR THE SINGING HILLS.
NO. THAT’S — I DON’T BELIEVE THAT’S THE ONE. THERE’S ANOTHER.Q.: I’M SIMPLY GOING OFF YOUR REPORT THAT WAS PROVIDED TO US. DO YOU HAVE A COPY OF THE REPORT?A.: YES, I DO.Q.: LET’S GO THROUGH THAT SO WE CAN PUT UP THE DOCUMENTATION THAT WAS PROVIDED TO US.
UNDER KAMAL, SINGING HILLS, SERICATA FLY. WHAT DATE DID YOU COME UP FOR ENTERING THE THIRD INSTAR?
MR. FELDMAN: YOUR HONOR, CAN I PROVIDE THE WITNESS WITH WHAT HE REQUESTED?
THE COURT: I THINK THE QUESTION IS PENDING OUT OF HIS REPORT.
IS THAT CORRECT, MR. DUSEK?
MR. DUSEK: YES. BASED UPON THE REPORT WE WERE PROVIDED YESTERDAY.
MR. FELDMAN: I’M SORRY, YOUR HONOR. I OBJECT TO THE LAST QUESTION AS ASSUMING FACTS NOT IN EVIDENCE, IT BEING MISLEADING.
THE COURT: OVERRULED.
BY MR. DUSEK:Q.: DID YOU FILL IN THAT SPACE FOR US, SIR?A.: IN THE REPORT I CAN’T. FROM THIS REPORT I CANNOT QUOTE YOU THE ACTUAL NUMBER OF ACCUMULATED DEGREE DAYS.Q.: I DON’T CARE ABOUT THAT. I CARE ABOUT THE BOTTOM LINE.
MR. FELDMAN: EXCUSE ME. THE WITNESS HADN’T FINISHED HIS ANSWER, YOUR HONOR.
THE COURT: HE HAD. AND COUNSEL’S CLARIFIED WHAT HE WANTS.
DO YOU UNDERSTAND, DOCTOR, WHAT HE WANTS?
THE WITNESS: YES, SIR.
THE COURT: ALL RIGHT.
BY MR. DUSEK:Q.: I WANT A DATE.A.: (PAUSE.)Q.: LET’S START AT THE TOP OF THE CHART, DOCTOR.A.: OKAY.Q.: SERICATA, KAMAL, ENTERING THE THIRD INSTAR.A.: (PAUSE.)
OKAY. THESE ARE THE NUMBERS THAT ARE AVAILABLE IN THIS REPORT AS A SUMMARY. AND IF I CAN REFER TO MY TIME LINE, I CAN GIVE YOU THE OTHER NUMBERS THAT I HAVE THEM AVAILABLE.Q.: WE WILL GET TO THAT.
I ASKED YOU TO FILL IN THE DATE FOR ENTERING THE THIRD INSTAR FOR KAMAL BASED UPON YOUR CALCULATIONS. YOU HAVE STILL LEFT THAT BLANK, CORRECT?A.: THAT’S CORRECT.Q.: THAT INFORMATION IS NOT AVAILABLE IN YOUR FINAL REPORT, IS IT?A.: NO, IT ISN’T.Q.: YOU HAVE FILLED IN SOME OTHER NUMBERS IN BLUE REGARDING THAT REPORT, REGARDING SINGING HILLS, HAVEN’T YOU?A.: THAT’S CORRECT.Q.: FROM YOUR REPORT THAT WAS PREPARED YESTERDAY?A.: DAY BEFORE YESTERDAY.Q.: I’M SORRY. THE 30TH, CORRECT?A.: THAT’S CORRECT.Q.: AT THAT TIME THAT YOU PREPARED THE REPORT, YOU COULD HAVE DETERMINED THE TIME FOR ENTERING THE THIRD INSTAR FOR KAMAL, COULDN’T YOU?A.: I HAD DETERMINED THAT.Q.: BUT YOU DIDN’T PUT IT IN YOUR REPORT, DID YOU?A.: NO.
MR. FELDMAN: ASKED AND ANSWERED.
THE COURT: OVERRULED.
HE ANSWERED NO.
BY MR. DUSEK:Q.: WHY NOT?A.: BECAUSE I DIDN’T CONSIDER THAT — I HAD ALREADY FACTORED THAT IN, AND I HAD THE NUMBERS ON THE TIME LINE OF TEMPERATURE DATA THAT I HAD PUT TOGETHER.Q.: IS THIS ANOTHER DOCUMENT THAT YOU HAVE?A.: YEAH.Q.: THIS APPEARS TO BE A TWO-PAGE DOCUMENT WITH NUMBERS ON IT. IS THAT CORRECT?A.: THAT’S CORRECT.Q.: WHEN DID YOU PREPARE THAT?A.: THIS WAS PREPARED CONCURRENTLY WITH THE REPORT.Q.: SO THEY ARE BOTH TOGETHER AT THE SAME TIME?A.: THEY WERE — I PREPARED THIS AND WROTE THE REPORT FROM THIS.Q.: DO YOU HAVE ANY IDEA WHY WE GOT THE REPORT ONLY FIRST AND THEN DIDN’T GET THIS FOLLOWUP NUMERICAL PAGES UNTIL TODAY?A.: NO.Q.: BASED UPON THIS SECOND PIECE OF INFORMATION YOU HAVE THERE WITH ALL THE NUMBERS ON IT, CAN YOU FILL IN — LET’S JUST GO ONE AT A TIME. KAMAL, ENTERING THIRD INSTAR. LET’S USE A DIFFERENT COLOR SO WE CAN KEEP THEM SEPARATE. LOOKS LIKE YOU HAVE RED THERE.A.: (THE WITNESS COMPLIED.)Q.: HAVE YOU DONE THAT FOR US?A.: M-HM.Q.: AND YOU PUT IN ENTERING THE THIRD INSTAR ON FEBRUARY 23RD, IS THAT RIGHT? IS THAT WHAT YOU HAVE WRITTEN ON THE BOARD?A.: THAT’S CORRECT.Q.: AND YOU HAVE HIM EXITING THE THIRD INSTAR ON WHAT DATE?A.: WHEN YOU SAY EXITING, I WANT TO MAKE SURE I’M CLEAR ABOUT THIS. IT WOULD HAVE EXITED THE THIRD INSTAR HAD THE EGGS BEEN DEPOSITED DURING THE PERIOD 14 TO 16 FEBRUARY.Q.: AT WHAT TIME PERIOD DID THE MAGGOTS EXIT THE THIRD INSTAR? THAT’S WHAT I’M TRYING TO GET AT. WHAT PERIOD OF TIME THERE, FROM THE BEGINNING OF THE THIRD INSTAR ‘TIL THE END OF THIRD INSTAR?
MR. FELDMAN: WELL, OBJECTION. ASSUMES FACTS NOT IN EVIDENCE, YOUR HONOR, THAT THEY EXITED AT ALL.
THE COURT: OVERRULED.
THE WITNESS: TO MY KNOWLEDGE THERE WERE NO MAGGOTS THAT HAD EXITED THE THIRD INSTAR IN THE COLLECTION.
BY MR. DUSEK:Q.: HOW LONG DOES IT TAKE TO GET FROM THE BEGINNING OF THIRD INSTAR TO THE END OF THIRD INSTAR?A.: IT WOULD HAVE TAKEN, ACCORDING — ACCORDING TO KAMAL’S DATA, IT WOULD HAVE TAKEN APPROXIMATELY THE AMOUNT OF ACCUMULATED DEGREE DAYS STARTING AND WORKING BACK ‘TIL THE 23RD OF FEBRUARY, I HAVE 32.7, WHICH WOULD HAVE BEEN SUFFICIENT FOR PHORMIA REGINA TO GET INTO THE THIRD INSTAR, AND 57.5 ACCUMULATED DEGREE DAYS WOULD HAVE OCCURRED BY 16 FEBRUARY, WHICH, ACCORDING TO KAMAL, WOULD HAVE BEEN A SUFFICIENT AMOUNT OF THERMAL ENERGY TO GET PHORMIA REGINA OUT OF THE THIRD INSTAR.Q.: FIRST OF ALL, WE’RE TALKING ABOUT SERICATA.A.: OH. I’M SORRY. OKAY.Q.: I WANT TO KNOW HOW LONG IT TAKES FOR THESE GUYS TO GET FROM THE BEGINNING OF THIRD INSTAR TO THE END OF THIRD INSTAR.A.: ACCORDING TO KAMAL IT WOULD HAVE TAKEN APPROXIMATELY THE SAME AMOUNT OF THERMAL ENERGY, ABOUT — THE PERIOD OF ABOUT 32.7 ON THE 23RD. AND BY THE 14TH OF FEBRUARY A TOTAL OF 62.4 ACCUMULATED DEGREE DAYS HAD OCCURRED. AND ACCORDING TO KAMAL THAT WOULD HAVE BEEN SUFFICIENT FOR PHAENICIA SERICATA TO EXIT THE THIRD INSTAR.Q.: I WANT TO KNOW HOW MANY DAYS.A.: I COUNT NINE DAYS BETWEEN THERE.Q.: ONCE THEY ENTER THE THIRD INSTAR, IT TAKES ABOUT NINE DAYS TO GET OUT OF IT AT THE KAMAL TEMPERATURES, CORRECT?A.: NO. AT THE TEMPERATURES THAT WERE RECORDED AT THE SINGING HILLS.Q.: WELL, YOU WERE USING KAMAL’S DATA, WEREN’T YOU?A.: YES.Q.: AND KAMAL’S DATA TAKES INTO THE DEVELOPMENT AT 80 DEGREES, CORRECT?A.: THAT’S CORRECT.Q.: HOW LONG DOES IT TAKE FOR THE INSECTS TO PASS THROUGH THE THIRD INSTAR AT 80 DEGREES?A.: THEY WOULD — THEY WOULD — I WANT TO MAKE SURE THAT I’M COMING ACROSS WITH THE THEORY APPROPRIATELY. IT HAS NOTHING TO DO WITH 80 DEGREES. IT HAS EVERYTHING TO DO WITH THE NUMBER OF ACCUMULATED DEGREE DAYS. AND KAMAL USED A CONSTANT TEMPERATURE OF ABOUT 80 DEGREES, 26.7 CENTIGRADE, IN ORDER TO CALCULATE THESE THERMAL UNITS. AND ACCORDING TO HIS DATA, PHAENICIA SERICATA WOULD ENTER AT ABOUT 32 — I CAN PRODUCE THE NUMBER FROM THE CHART IF YOU WISH ME TO. BUT ACCORDING TO MY CALCULATIONS, THAT NUMBER OF ACCUMULATED DEGREE DAYS WOULD HAVE BEEN ACHIEVED ACCORDING TO THE TEMPERATURE AT SINGING HILLS IF OVIPOSITION HAD OCCURRED AS EARLY AS 14 FEBRUARY.Q.: LET’S MOVE ON TO GREENBURG. DID YOU MAKE — YOU TOLD US THAT YOU MADE CALCULATIONS REGARDING GREENBURG’S DATA —A.: YES.Q.: — FOR SINGING HILLS FOR THE SERICATA FLY.A.: THAT’S CORRECT.Q.: PLEASE ENTER THAT ON THE CHART ABOVE.A.: OKAY. MAY I REFER TO MY NOTE ON THE GREENBURG DATA?Q.: IS THAT DATA INCLUDED IN YOUR FORMAL REPORT THAT WE WERE PROVIDED?A.: IN MY REPORT DATA PUBLISHED BY GREENBURG SHOWED THAT SUFFICIENT THERMAL ENERGY EXISTED STARTING IN THE PERIOD 16 TO 21 FEBRUARY FOR BOTH PHAENICIA SERICATA AND PHORMIA REGINA TO EXIT THE THIRD INSTAR, SO THE PERIOD 16 TO 21 FEBRUARY WOULD BE THE PERIOD THAT I REFERRED TO FOR DR. GREENBURG’S DATA.Q.: FOR EXITING THIRD INSTAR, CORRECT?A.: TO EXIT THE THIRD INSTAR, YES, SIR.Q.: PUT THAT UP ON THE BOARD FOR US. KEEP IN THE RED, IF YOU WOULD, SIR.A.: OKAY.Q.: YOU’VE WRITTEN IN FEBRUARY 16TH THROUGH 21ST FOR EXITING THE THIRD INSTAR UNDER GREENBURG’S DATA.A.: YES.Q.: AND WHEN DID THE LARVAE ENTER THE THIRD INSTAR?A.: I DIDN’T CALCULATE THAT.Q.: THAT’S NOT ON YOUR REPORT THAT YOU FILED?A.: THAT IS NOT.
MR. FELDMAN: OBJECTION. ASSUMES FACTS NOT IN EVIDENCE, THAT THERE’S ANYTHING FILED.
THE COURT: OVERRULED.
BY MR. DUSEK:Q.: IS THAT IN THE REPORT THAT YOU PREPARED AND WE RECEIVED?A.: NO.Q.: IS IT IN THE OTHER DATA THAT YOU HAVE THERE, THE LIST OF NUMBERS?A.: NO.Q.: WHY NOT?A.: BECAUSE GREENBURG EXPRESSES HIS DATA AS A MINIMUM TIME TO ACHIEVE A PARTICULAR MILESTONE. SO THE MINIMUM TIME TO EXIT THE THIRD INSTAR IS THE MILESTONE I USED.Q.: BUT HE WOULD ALSO SAY THE MINIMUM TIME TO EXIT THE SECOND INSTAR, WOULDN’T HE?A.: YES.Q.: THAT WOULD BE THE SAME TIME AS ENTERING THE THIRD INSTAR, WOULDN’T IT?A.: YES.Q.: WHAT’S THE COMPUTATION?A.: I DIDN’T MAKE THAT COMPUTATION.Q.: WOULDN’T THAT GIVE US A COMPARISON AS TO HOW QUICKLY THEY PASSED THROUGH THESE STAGES AT THE KAMAL TEMPERATURE, AT THE GREENBURG TEMPERATURE, AND THE ANDERSON TEMPERATURE?A.: YES, IT WOULD.Q.: WHY DIDN’T YOU DO IT?A.: I DIDN’T DO IT BECAUSE OF THE PAUCITY OF TIME THAT I HAD.Q.: WHEN DID YOU MAKE THESE CALCULATIONS?A.: ON THE 30TH.Q.: WHEN WERE YOU ASKED TO MAKE THEM?A.: ON THE 29TH.Q.: I THINK UNDER GREENBURG, GREENBURG USED A TEMPERATURE SCALE OF BOTH 71 DEGREES AND 84 DEGREES. CORRECT?A.: THAT’S CORRECT.Q.: SO HE HAD A DEVELOPMENTAL RATE AT 71 AND ALSO AT 84?A.: THAT’S CORRECT.Q.: WHAT WAS THE AVERAGE TEMPERATURE ACCORDING TO THE SINGING HILLS TEMPERATURE IN THE MONTH OF FEBRUARY AT SINGING HILLS?A.: THE MONTH OF FEBRUARY?Q.: YES.A.: A TOTAL MONTHLY AVERAGE? I DIDN’T CALCULATE A MONTHLY AVERAGE. IT LOOKS LIKE IT RANGES FROM ABOUT A DAILY AVERAGE OF ABOUT 43.6 DEGREES ON THE 1ST AND THERE ARE SOME HIGHS, BUT IT WINDS UP WITH AN AVERAGE OF ABOUT 60.8 ON THE 28TH. SO THERE YOU HAVE THE RANGE.Q.: THE AVERAGE TEMPERATURE WAS 60.8 DEGREES AT SINGING HILLS IN FEBRUARY, IS THAT WHAT YOU ARE SAYING?A.: I’M SAYING THAT ON FEBRUARY THE 28TH THE WEATHER STATION AT SINGING HILLS PRODUCED AN AVERAGE OF 60.8 DEGREES FOR THE 28TH OF FEBRUARY. ON THE 22ND OF FEBRUARY THE AVERAGE WAS 68.5. ON THE 1ST OF FEBRUARY —Q.: I’M SORRY.A.: — THE AVERAGE WAS 43.6.Q.: THERE WERE ALSO DATES THAT WERE DOWN IN THE FIFTIES FOR AVERAGES.A.: YES, SIR.Q.: IN FACT, THAT IS WHAT LEE GOFF COMPUTED, DIDN’T HE? ACTUALLY HE COMPUTED THE MEDIAN TEMPERATURES.A.: WELL, WHAT I CALCULATED WERE THE AVERAGES.Q.: ALL RIGHT.A.: AND WHEN I WENT THROUGH DR. GOFF’S FIGURES, IN ALMOST EVERY CASE THAT’S WHAT I CAME UP WITH IS THE AVERAGE BETWEEN THE DAILY MAXIMUM AND THE DAILY MINIMUM.Q.: LET’S FINISH THIS, THEN.
YOU DID NOT DO A BEGINNING NUMBER FOR GREENBURG. ON ANDERSON DID YOU PREPARE THE EXITING THIRD INSTAR FOR THE SERICATA FLY AT SINGING HILLS?A.: NO, I DID NOT.Q.: WHY NOT?A.: (PAUSE.)
I’M LOOKING TO MAKE SURE THAT I HAVEN’T OVERLOOKED ANYTHING.
NO, I DIDN’T CALCULATE THAT.Q.: WOULDN’T THAT LET US KNOW THOSE FLIES THAT HAD REACHED ALMOST THE THIRD INSTAR STAGE, HOW LONG THEY HAD BEEN IN THAT STAGE?A.: IT COULD HELP, YES.Q.: AND THAT WOULD GIVE US MORE TIME THAT WOULD ALLOW FOR THE DEVELOPMENT OF THE FLIES, CORRECT?A.: IT WOULD GIVE MORE INFORMATION, THAT’S CORRECT?Q.: AND WOULDN’T YOU LIKE TO FIND OUT THE DEVELOPMENTAL TIME FOR THE MOST ADVANCED FLIES YOU HAD?A.: THOSE WERE THIRD INSTARS, YES, SIR.Q.: WEREN’T THEY ALSO TOWARDS THE END OF THE THIRD INSTAR?A.: I THINK THEY WERE SOLIDLY IN THE THIRD INSTAR, YES, SIR.Q.: WEREN’T THEY TOWARDS THE END OF THIRD INSTAR?A.: THE RANGE AND LENGTH OF THE LARVAE THAT WERE MEASURED, THE RANGE WAS, IF I RECALL CORRECTLY, ABOUT 11.7 TO 17.2 MILLIMETERS.Q.: 17.2. ISN’T 18 MILLIMETERS THE END OF THIRD INSTAR?A.: ACCORDING TO A GRAPH I SEE HERE, THERE’S SOME SUGGESTION THAT THE THIRD INSTAR WOULD BE AT MAXIMUM SIZE AT ABOUT 18 MILLIMETERS.Q.: JUST RIGHT UNDER WHAT THE MAXIMUM LENGTH WAS THAT YOU SAW IN YOUR FLIES, IN THE LARVA, ISN’T IT?
MR. FELDMAN: VAGUE AS TO RIGHT UNDER.
THE COURT: REPHRASE.
SUSTAINED.
BY MR. DUSEK:Q.: 18 MILLIMETERS IS THE APPROXIMATE SIZE AT THE END OF THIRD INSTAR, IS THAT CORRECT?A.: THAT’S CORRECT.Q.: AND YOU SAW LARVA AT WHAT SIZE? LARGEST.A.: THE LARVAE WERE MEASURED, IF I RECALL CORRECTLY, AT 17.2 MILLIMETERS.Q.: AND WHAT SIZE ARE THEY WHEN THEY BEGIN THAT STAGE?A.: AROUND 11 MILLIMETERS.Q.: SO THIS ONE HAD GROWN CONSIDERABLY DURING THIS TIME IN THE THIRD INSTAR.A.: DURING THE THIRD INSTAR, YES, SIR.Q.: HOW LONG DID IT TAKE HIM TO GET THERE?A.: ACCORDING — WELL, ACCORDING TO THE KAMAL’S DATA, IT TOOK ABOUT NINE DAYS.Q.: NO, NO. ANDERSON’S DATA.A.: I DIDN’T CALCULATE THE END POINT.Q.: IF YOU HAD, WOULDN’T WE BE ABLE TO KNOW HOW LONG HE HAD BEEN THERE IN THAT STAGE?A.: ACCORDING TO THAT DATA SET, YES.Q.: AND DIDN’T YOU TELL US THAT YOU MADE CALCULATIONS UNDER KAMAL, GREENBURG, AND ANDERSON BOTH AT SINGING HILLS, AT BROWN FIELD FOR THESE TWO TYPES OF FLIES?A.: YES.Q.: AND YOU ONLY PICKED SOME THINGS TO COMPUTE?A.: NO. I COMPUTED FROM GREENBURG AND FROM KAMAL.Q.: FOR THE REGINA FLIES, USING SINGING HILLS TEMPERATURES, — I’M SORRY. ANDERSON. ANDERSON’S TEMPERATURES ARE WHAT? LOOKS LIKE WE HAVE THREE RANGES TO CHOOSE ON ANDERSON’S DATA. IS THAT CORRECT?A.: THAT’S CORRECT.Q.: 60 DEGREES, 69 DEGREES, AND 70 DEGREES.A.: THAT’S CORRECT.Q.: AND AT EACH DEGREE LEVEL THE FLIES DEVELOP AT A DIFFERENT RATE.A.: THEY DEVELOP FASTER AT THE WARMER RATE, YES.Q.: WHICH TEMPERATURE RANGE DID YOU USE?A.: WELL, WHEN I WENT THROUGH THOSE, I WENT THROUGH ALL THREE.Q.: SO YOU MADE A COMPUTATION UNDER THE RATE OF DEVELOPMENT UNDER 60 DEGREES.A.: YES.Q.: WHAT WAS THAT?A.: MAY I HAVE MY REFERENCE SHEET?Q.: IS THIS SOMETHING THAT YOU DO NOT HAVE NOW?A.: THAT’S CORRECT.
NO. THAT’S NOT IT. IT’S A SHEET WHERE I HAD MADE SOME NOTES.Q.: PLEASE. IT WOULD PROBABLY BE QUICKER TO COME OVER
AND. . .
(PAUSE.)
BY MR. DUSEK:Q.: DO YOU HAVE SOME NOTES UP THERE, SIR?A.: YES.Q.: LET ME SHOW YOU FIVE PAGES THAT WERE PROVIDED TO ME TODAY. WHAT ARE YOU LOOKING AT?
MR. FELDMAN: OBJECTION. COUNSEL IS TESTIFYING.
THE COURT: OVERRULED.
MR. DUSEK: ALL RIGHT.
BY MR. DUSEK:Q.: DOES THAT INDICATE — THAT APPEARS TO BE AN ORIGINAL COPY OF REGINA AT THE TOP.A.: YES.Q.: IS THAT CORRECT?A.: M-HM.Q.: DOES THAT INDICATE WHAT THE COMPUTATION WAS AT ANDERSON UNDER 60 DEGREES, WHAT DATE YOU CAME UP WITH?A.: (PAUSE.)
WITH PHORMIA REGINA. AND IS THAT THE SPECIES YOU WERE ASKING ABOUT, SIR?Q.: THAT’S FINE.A.: OKAY.
PHORMIA REGINA, DR. ANDERSON STUDIED THE DEVELOPMENT AT TWO TEMPERATURES. 16.1 AND 23.0. PHORMIA REGINA. AND IT WOULD HAVE REQUIRED 66.3 ACCUMULATED DEGREE DAYS TO REACH THE THIRD INSTAR GIVEN HER DATA AT 16.1 DEGREES.Q.: PLEASE PLACE THAT DATE, THEN, UNDER REGINA, GREENBURG, — I’M SORRY, ANDERSON AND FOR 23 DEGREES WHAT DATE IT COMPUTES TO.A.: THAT WOULD BE 13 FEBRUARY.Q.: NOW, IF YOU ALSO INCLUDE — THAT’S THE 23 DEGREES CELSIUS?A.: 23 DEGREES. IT WOULD HAVE REQUIRED, ACCORDING TO ANDERSON’S FIGURES, 68.6 ACCUMULATED DEGREE DAYS IN HER STUDY AT 23 DEGREES.Q.: I’VE WRITTEN 23 OFF OF FEBRUARY 13TH.
NOW COULD YOU GIVE US THE DATE FOR 16.1?A.: THAT WAS THE 13TH.
I JUST SAID 66.3 WOULD HAVE EQUATED TO ABOUT THE 13TH OF FEBRUARY USING ANDERSON’S DATA AT 16.1 DEGREES.Q.: SO IT’S NOT 23 DEGREES?A.: NO.Q.: I’LL CROSS OFF 23 AND WRITE IN 16.
WHAT DATE WOULD YOU GET FOR 23 DEGREES NOW?A.: THE CALCULATION THAT YOU WOULD MAKE FROM ANDERSON’S DATA AT 23 DEGREES WOULD HAVE REQUIRED 68.6 ACCUMULATED DEGREE DAYS AT A BASE 10 TO REACH THE THIRD INSTAR. AND ACCORDING TO THE TEMPERATURES AT SINGING HILLS, THAT WOULD HAVE OCCURRED — THERE WERE 66.4 DEGREES ACCUMULATED OVER THE 13TH AND 71.4 OVER THE 12TH. AND SO I WOULD PUT THAT ON THE 13TH ALSO.Q.: WHAT DO YOU MEAN YOU WOULD? ISN’T THERE SOME COMPUTATION THAT GIVES YOU A FINAL DATE?A.: I JUST GAVE IT. I JUST DID.Q.: YOU SAID YOU WOULD GIVE US THE 13TH OF FEBRUARY. YOU’RE TELLING US THAT THESE FLIES DEVELOP AT THE SAME RATE REGARDLESS OF THE TEMPERATURE?A.: NO, SIR. THAT’S NOT WHAT I’M SAYING.Q.: ARE YOU TELLING US THAT THE STUDIES UPON WHICH YOU RELY SHOW THAT THE FLIES DEVELOP AT 16 DEGREES AT THE SAME RATE AS THEY DO AT 23 DEGREES?A.: NO, SIR. THAT’S NOT WHAT I’M SAYING.Q.: DO THEY DEVELOP AT DIFFERENT RATES?A.: THEY DEVELOP AT DIFFERENT RATES.Q.: AND IF THEY DEVELOP AT DIFFERENT RATES, SHOULDN’T THEY HAVE DIFFERENT TIMES WHEN THEY ENTER THE THIRD INSTAR?A.: YES, SIR. AT THOSE — AT THOSE EXPERIMENTAL TEMPERATURES. WHEN YOU USE THE EXPERIMENTAL TEMPERATURES TO CALCULATE A TABLE OF ACCUMULATED DEGREE HOURS OR DEGREE DAYS AS WAS DONE IN THIS CASE, IF THE EXPERIMENT WAS DONE AT 16.1 DEGREES, IT WILL REQUIRE 66.3 ACCUMULATED DEGREE DAYS AT A BASE 10 FOR PHORMIA REGINA TO REACH THE THIRD INSTAR ACCORDING TO GAYLE ANDERSON’S DATA.
IF YOU RELY ON THE TEMPERATURES, THE EXPERIMENT AT 23 DEGREES, IT WILL REQUIRE 68.6 ACCUMULATED DEGREE DAYS AT A BASE 10 TO REACH THE THIRD INSTAR.Q.: SO THOSE ARE TWO DIFFERENT ACCUMULATED DEGREE DAYS, IS THAT CORRECT?A.: THOSE ARE — THOSE ARE REMARKABLY SIMILAR FIGURES IN ACCUMULATING THERMAL UNITS FROM TWO DIFFERENT STUDIES, ONE DONE AT 16.1 DEGREES AND ONE DONE AT 23 DEGREES.Q.: WHEN DID IT EXIT THE THIRD INSTAR UNDER ANDERSON’S DATA FOR REGINA?A.: ANDERSON, HER DATA WOULD SAY THAT AT 16.1 DEGREES THE ACCUMULATED DEGREE DAYS, IT WOULD EXIT THE THIRD INSTAR AT 93.4 ACCUMULATED DEGREE DAYS. AT 23 IT WOULD EXIT AT 103.8.
DURING THE PERIOD OF TIME IN FEBRUARY AT SINGING HILLS THE MAXIMUM NUMBER OF ACCUMULATED DEGREE DAYS AT A BASE 10 THAT WERE ACCUMULATED WAS 86.9. AND, THEREFORE, ACCORDING TO ANDERSON’S STUDY THERE WOULD HAVE BEEN INSUFFICIENT THERMAL ENERGY FOR IT TO EXIT THE THIRD INSTAR.Q.: SO YOU CAN’T GIVE US A DATE ON THE ANDERSON DATA?A.: NO.Q.: AND THE ANDERSON DATA IS THE ONE THAT MOST CLOSELY APPROXIMATES THE TEMPERATURES AT SINGING HILLS FOR THE MONTH OF FEBRUARY, ISN’T IT?A.: WELL, THAT DOESN’T MAKE ANY DIFFERENCE. BECAUSE WHETHER OR NOT — IT’S IMPORTANT TO UNDERSTAND THAT IN ACCUMULATING THIS SORT OF DATA, IT REALLY DOESN’T MATTER WHAT THE TEMPERATURE WAS DURING THE EXPERIMENT. IT IS THE CALCULATION OF THE NUMBER OF ACCUMULATED THERMAL UNITS OR THE AMOUNT OF TEMPERATURE ACCUMULATED OVER A PERIOD OF TIME TO MAKE THE INSECT GO FROM ONE STAGE TO THE OTHER.
AND AS AN EXAMPLE, THE ONE THAT WE JUST DISCUSSED, ANDERSON, IF YOU WILL TAKE HER DATA, YOU WILL FIND THAT IN HER EXPERIMENTS AT 23 DEGREES, IT TAKES ON THE AVERAGE ABOUT 68.6 ACCUMULATED DEGREE DAYS AT A BASE 10 FOR THE FLY TO REACH THE THIRD INSTAR. IF YOU DO THE SAME EXPERIMENT AT 16.1 DEGREES, IT WILL TAKE 66.3 ACCUMULATED DEGREE DAYS TO REACH THE THIRD INSTAR.
AND WHAT IS IMPORTANT ABOUT THAT IS THAT THERE IS — THERE IS NOTHING IN THIS TECHNIQUE THAT SAYS THAT YOU’RE SUPPOSED TO LOOK FOR AN EXPERIMENT THAT WAS DONE AT ABOUT THE SAME TEMPERATURES AS THE DECEDENT EXPERIENCED DURING THE DECOMPOSITION PROCESS.Q.: LET’S GO BACK TO KAMAL’S DATA THERE ON THE REGINA FLY. ENTERS THE THIRD INSTAR AT FEBRUARY 23RD, CORRECT? IS THAT WHAT YOU HAVE ON THE BOARD?A.: AND I WANT TO MAKE SURE THAT — WHEN YOU SAY IT ENTERS THE THIRD INSTAR ON FEBRUARY 23RD, THAT CAN BE CONFUSING. WHAT THAT MEANS IS THAT THERE — IN THE AMOUNT OF TEMPERATURE REFLECTED BY THE WEATHER STATION AT SINGING HILLS, THAT THERE WAS A SUFFICIENT AMOUNT OF TEMPERATURE, IN OTHER WORDS, 32.7 ACCUMULATED DEGREE DAYS, WHICH, ACCORDING TO KAMAL, WOULD BE ENOUGH FOR PHORMIA REGINA TO HAVE ENTERED THE THIRD INSTAR IF THE EGGS HAD BEEN LAID AS LATE AS 23 FEBRUARY. THAT’S WHAT THAT MEANS.Q.: YOU’RE THE ONE THAT PUT FEBRUARY 23RD ON MY CHART FOR THE REGINA FLY, KAMAL, FOR ENTERING THIRD INSTAR, CORRECT?
MR. FELDMAN: ARGUMENTATIVE, YOUR HONOR.
THE COURT: OVERRULED.
BY MR. DUSEK:Q.: CORRECT?A.: I’M THE ONE WHO WROTE 23 FEBRUARY ON YOUR CHART.Q.: BECAUSE BASED UPON YOUR OPINION THAT’S WHEN THOSE FLIES USING KAMAL’S DATA —A.: THAT’S CORRECT.Q.: — ENTERED THE THIRD INSTAR, CORRECT?A.: NO, SIR. THAT IS THE DATE — AND, AGAIN, YOU NEED TO MAKE THIS CLEAR, BECAUSE IN FORENSIC ENTOMOLOGY, YOU WORK BACKWARDS FROM A KNOWN TIME. AND THE 23RD OF FEBRUARY IS THE TIME WHEN A FLY COULD HAVE LAID AN EGG ON THE DECEDENT, AND THERE WAS ENOUGH TEMPERATURE BY THE TIME THAT FLY WAS COLLECTED BY DAVID FAULKNER FOR IT TO REACH THE THIRD INSTAR IF THE FLY HAD BEEN LAID ON 23 FEBRUARY. THAT’S WHAT I MEAN BY 23 FEBRUARY.Q.: SO THE FLY HAD ALREADY PASSED THROUGH ALL OF THOSE OTHER STAGES IN FOUR DAYS?A.: YES.Q.: DON’T YOU WORK BACKWARDS FROM THE TIME OF COLLECTION? YOU NOTICE THE CONDITION OF THE MOST ADVANCED FLY THAT YOU HAVE?A.: YES, SIR.Q.: AND IF IT IS THIRD INSTAR, YOU SAY, THEN DON’T YOU COUNT BACK HOW MANY DAYS IT TAKES TO GET TO THE THIRD INSTAR AND PLACE A TIME AT THAT LOCATION, RIGHT?A.: THAT’S CORRECT.Q.: AND THEN TO FIND OUT WHEN IT EXITED THIRD INSTAR, THAT WOULD STILL BE COUNTING BACKWARDS, GOING BACK TOWARDS THE FIRST OF THE MONTH, CORRECT?A.: THAT’S CORRECT.Q.: AND WHAT YOU’VE GOT US THERE ON THE REGINA FLY, KAMAL, AT SINGING HILLS, IS THAT THE EXITING THE THIRD INSTAR IS ON FEBRUARY 14TH THROUGH 16TH, CORRECT?A.: WHAT THAT MEANS IS THAT ACCORDING TO THE TEMPERATURES REFLECTED BY THE SINGING HILLS WEATHER STATION THAT — AND USING KAMAL’S DATA FOR PHORMIA REGINA, THAT — AND IT’S VERY CLOSE FOR PHAENICIA SERICATA ALSO — THAT IF THE FLY HAD COME IN AND LAID THE EGG ON THE DECEDENT, AND I’VE WRITTEN DOWN HERE 14 THROUGH 16 FEBRUARY, BECAUSE THAT’S A VERY, VERY CLOSE NUMBER, I MEAN THERE ARE A COUPLE OF DAYS IN THERE, BUT FUNDAMENTALLY WHAT THAT MEANS IS THAT THE FLY HAD COME IN AND LAID THE EGGS ON THE DECEDENT 14 THROUGH 16 FEBRUARY, BY THE TIME THAT FAULKNER COLLECTED THE INSECT, IT SHOULD HAVE BEEN OUT OF THE THIRD INSTAR GIVEN THE TEMPERATURES PREVAILING AT THE SINGING HILLS.Q.: SO IT TAKES APPROXIMATELY NINE DAYS TO GET FROM THE BEGINNING OF THIRD INSTAR TO THE END OF THIRD INSTAR, CORRECT?A.: THAT’S CORRECT.Q.: THIRD INSTAR WE HAVE HERE ON THE 23RD, AT THE END IT TAKES LONGER TO DEVELOP, SO THAT WOULD GET US BACK TO THE 14TH OR 16TH OF FEBRUARY, CORRECT?A.: YES, SIR.Q.: NOW, USING ANDERSON’S DATA, WHICH RELIES ON LOWER TEMPERATURES, WE HAVE FEBRUARY 13TH AS ENTERING THE THIRD INSTAR, JUST LIKE UNDER KAMAL’S DATA IT ENTERED ON THE 23RD, CORRECT?A.: M-HM.Q.: IS THAT RIGHT?A.: ON KAMAL’S DATA IT ENTERED UNDER THE — ON THE 23RD.Q.: AND KAMAL’S DATA IS AT 80 DEGREES, RIGHT?A.: KAMAL’S DATA IS AT AROUND 80 DEGREES, 26.7.Q.: AND THOSE LITTLE GUYS ARE DEVELOPING REAL FAST AT HOT TEMPERATURES, RIGHT?A.: THEY WOULD BE DEVELOPING FASTER AT 80 DEGREES THAN THEY WOULD BE, FOR INSTANCE, AT 70 DEGREES.Q.: AND, IN FACT, THEY WERE DEVELOPING FASTER AT 80 DEGREES THAN THEY WOULD AT 16 DEGREES, CORRECT?A.: UNDER THE EXPERIMENTAL CONDITIONS, THAT’S CORRECT.Q.: AND THAT’S WHAT YOU RELY UPON, DON’T YOU?A.: YES, YOU DO.Q.: SO UNDER THE 16 DEGREES CELSIUS, THEY WOULD NOT ENTER THE THIRD INSTAR UNTIL FEBRUARY 13TH, RIGHT?A.: FOR THAT PARTICULAR EXPERIMENT THAT GAYLE ANDERSON DID.Q.: THAT’S ALL I’M ASKING.A.: IT WOULD HAVE BEEN AT ABOUT 66.3 ACCUMULATED DEGREES DAYS, WHICH I HAVE ON MY CHART AS ABOUT 13 FEBRUARY, MEANING THAT THEY COULD GET TO THAT STAGE IF THE EGGS HAD BEEN LAID ON 13 FEBRUARY.Q.: ENTERING THE THIRD INSTAR, CORRECT?A.: THAT’S CORRECT.Q.: AND THE DIFFERENCE IN THE TIME PERIOD IS APPARENTLY DUE TO THE DIFFERENT TEMPERATURE ASSESSMENTS THAT WERE BEING USED, CORRECT?A.: NO. THE DIFFERENCE IS DUE TO THE BIOLOGICAL VARIABILITY OF THE DATA. IT’S NOT DUE TO THE TEMPERATURE. THE TEMPERATURE IS WHEN IT’S EXPRESSED AS ACCUMULATED DEGREE DAYS OR ACCUMULATED DEGREE HOURS; THE TEMPERATURE AT WHICH THE EXPERIMENT WAS DONE IS ULTIMATELY OF NO CONSEQUENCE. WHAT IS OF CONSEQUENCE IS THE NUMBER OF ACCUMULATED DEGREE DAYS OR DEGREE HOURS THAT ARE GENERATED BY THAT EXPERIMENT.Q.: KAMAL’S DATA IT TAKES NINE DAYS OR SO TO GET FROM THE BEGINNING TO THE END OF THIRD INSTAR, CORRECT?A.: THAT’S CORRECT.Q.: AND ANDERSON IT TAKES APPROXIMATELY NINE DAYS TO GET FROM THE BEGINNING TO THE END OF THIRD INSTAR, WOULDN’T IT?A.: THAT’S WHAT THE DATA REFLECT, YES, SIR.Q.: AND IF WE TAKE NINE DAYS, GO BACK NINE MORE DAYS FROM FEBRUARY 13TH, WHAT DO WE GET TO?A.: YOU GET TO ABOUT THE BEGINNING OF FEBRUARY.Q.: WHICH MEANS IF WE HAVE MAGGOTS TOWARDS THE END OF THE THIRD INSTAR, THEY COULD HAVE BEEN LAID THERE THE BEGINNING OF FEBRUARY, CORRECT?A.: IF YOU ARE GOING TO RELY SOLELY ON ANDERSON’S DATA.Q.: WHAT DATE WOULD THAT BE IN THE FIRST PART OF FEBRUARY?A.: IT WOULD BE AROUND THE FIRST OF THE MONTH IF YOU WERE GOING TO RELY ON THAT DATA, SIR.Q.: AND YOU PREPARED DATA ON ALL OF THESE TEMPERATURES, DIDN’T YOU?A.: I WENT THROUGH KAMAL, GREENBURG, AND ANDERSON.Q.: YOU CHOSE NOT TO COMPUTE THAT EXITING THE THIRD INSTAR FOR ANDERSON, DIDN’T YOU?A.: THAT’S CORRECT.Q.: EVEN THOUGH YOU KNEW IT WOULD GET YOU BACK TO THE FIRST OF FEBRUARY?A.: NO.Q.: WHERE DID YOU THINK IT WOULD GET YOU?A.: I REALLY DIDN’T — I REALLY DIDN’T THINK ABOUT IT.Q.: WHY DIDN’T YOU TRY TO FIGURE OUT WHEN THE EXITING THE THIRD INSTAR UNDER ANDERSON’S DATA WHICH USES TEMPERATURES IN THE 60-DEGREE OR 61-DEGREE RANGE?A.: WELL, I’VE ALREADY TOLD YOU WITH THE PHORMIA REGINA I CALCULATED THAT IT WOULD REQUIRE AT 16.1 DEGREES ABOUT 93.4 ACCUMULATED DEGREE DAYS AT A BASE 10, AND AT 23 DEGREES HER DATA WOULD REFLECT 103.8 ACCUMULATED DEGREE DAYS AT BASE 10. AND THE TOTAL AMOUNT OF THERMAL ENERGY AVAILABLE AT SINGING HILLS WAS 86.9. SO WITH ANDERSON’S DATA SET THERE WAS INSUFFICIENT ENERGY FOR THE FLIES TO GET OUT OF THE THIRD INSTAR.Q.: BUT SOME OF THEM WERE AT THE EXTREME END OF THE THIRD INSTAR, WEREN’T THEY?A.: SOME OF THEM WERE MEASURED AT 17.2 MILLIMETERS.Q.: SOME OF THEM WERE AT THE EXTREME END OF THE THIRD INSTAR, WEREN’T THEY?A.: THEY WERE WELL INTO THE THIRD INSTAR.Q.: SOME OF THEM WERE AT THE EXTREME END OF THE THIRD INSTAR, WEREN’T THEY?
MR. FELDMAN: ASKED AND ANSWERED THREE TIMES.
THE COURT: OVERRULED. HE HASN’T ANSWERED THE QUESTION.
ANSWER THE QUESTION, PLEASE, DOCTOR.
THE WITNESS: I — I — I — WHEN YOU SAY THE EXTREME END, I’LL SAY THEY WERE TOWARD THE END. THAT’S THE LENGTH OF THAT FLY WOULD INDICATE THAT IT WAS TOWARD THE END OF THE THIRD INSTAR.
BY MR. DUSEK:Q.: HOW MUCH FURTHER DID IT HAVE TO GROW?A.: I DON’T KNOW.Q.: LEE GOFF PREPARED TEMPERATURES, EITHER MEANS OR MEDIANS, FOR SINGING HILLS, DIDN’T HE?A.: YES, HE DID.Q.: AND YOU WERE PROVIDED A COPY OF THAT?A.: YES.Q.: I’M JUST USING THE — DO YOU HAVE A COPY THAT’S ALL TYPED UP IN ORDER?A.: YES.Q.: DO YOU?
AND UNDER ANDERSON’S DATA YOU SAID YOU WERE USING 16 DEGREES CELSIUS WHICH EQUATES TO 61 DEGREES FAHRENHEIT, CORRECT?A.: THAT’S — THAT’S THE TEMPERATURE THAT ANDERSON USED FOR HER STUDY, YES, SIR.Q.: DOES 16.1 CELSIUS CONVERT TO 61 DEGREES FAHRENHEIT?A.: WITH THE CALCULATOR THAT I WAS GIVEN AND THE FORMULA I WAS GIVEN, THAT’S THE CALCULATION I MADE ABOUT HALF AN HOUR AGO.Q.: AND LOOKING AT LEE GOFF’S TEMPERATURE MEDIAN FOR SINGING HILLS, — DO YOU HAVE THAT IN FRONT OF YOU?A.: IS THIS THE DATA?Q.: YES, IT IS.A.: OKAY.Q.: DO YOU SEE THE DAYS OF THE MONTH THERE OFF TO THE LEFT-HAND SIDE?A.: YES.Q.: AND DO YOU SEE THE MEDIAN TEMPERATURES NEXT COLUMN TO IT?A.: YES.Q.: WORKING YOUR WAY BACK FROM FEBRUARY 2ND, HOW FAR DO YOU HAVE TO GO BEFORE YOU FIND A MEDIAN TEMPERATURE AT OR ABOVE 61 DEGREES?A.: (PAUSE.)Q.: ISN’T IT FEBRUARY 10TH?A.: (PAUSE.)Q.: RIGHT HERE ON THE —A.: I SEE THAT. I’M TRYING TO UNDERSTAND WHAT IT IS THAT YOU’RE ASKING.Q.: LET ME HELP YOU. DO YOU SEE ON THE LEFT-HAND SIDE WHERE WE HAVE THE DATES OR THE DAYS OF THE MONTH FOR FEBRUARY?A.: YES.Q.: THEY START WITH FEBRUARY 2ND AT THE BOTTOM, WORK OUR WAY UP TO FEBRUARY 27TH AT THE TOP.A.: YES.Q.: DO YOU SEE HOW THEY HAVE MEDIAN TEMPERATURES THE NEXT COLUMN OVER?A.: I SEE THE COLUMNS LABELED MEDIAN TEMPERATURES.Q.: AND THAT’S THE ONE YOU HAD CRITICISM WITH HIM, CORRECT?A.: YES.Q.: AND STARTING AT FEBRUARY 2ND, WORKING OUR WAY TOWARDS THE END OF THE MONTH, HOW FAR DO WE HAVE TO GO BEFORE WE FIND A TEMPERATURE THAT IS AT OR ABOVE 61 DEGREES?A.: WELL, IF YOU GO UP THE MONTH, THE FIRST TIME THAT YOU GET A DAILY AVERAGE THAT’S ABOVE 61 DEGREES, IT LOOKS LIKE TO ME IS ON THE 10TH WHERE THE DAILY AVERAGE IS 63.1.Q.: AND UP UNTIL THAT POINT THE DAILY AVERAGES ARE IN THE FORTIES AND FIFTIES FOR THAT MONTH, CORRECT?A.: THAT’S CORRECT.Q.: WHICH MEANS THE FLIES ARE DEVELOPING AT A SLOWER RATE THAN EVEN AT 61 DEGREES, CORRECT?A.: IF — IF — IF FLIES WERE THERE AT THAT TIME, THEN THEY WOULD BE DEVELOPING AT A SLOWER RATE, BECAUSE THE AMOUNT OF ACCUMULATED ENERGY AS AN EXAMPLE FOR FEBRUARY 2ND, 1ST, 2ND, AND 3RD, I CALCULATED TO BE NO ACCUMULATED THERMAL ENERGY OVER THE BASE OF 10, AND ON THE 4TH THERE WAS .4 DEGREES ACCUMULATED, ON THE 5TH THERE WAS 1.2. SO TO TRY TO BE RESPONSIVE TO YOUR QUESTION, DURING THE FIRST PART OF FEBRUARY THERE WAS NOT A LOT OF THERMAL ENERGY AVAILABLE TO SUPPORT FLY DEVELOPMENT.Q.: DOES THAT MEAN THAT THEY WOULD DEVELOP SLOWER THAN AT HIGHER TEMPERATURES?A.: FLIES DEVELOP SLOWER AT LOWER TEMPERATURES THAN THEY DO AT HIGHER TEMPERATURES, YES, SIR.Q.: AND ONCE WE GET PAST THE 10TH OF FEBRUARY, THAT CAME IN AT 63.1 DEGREES, THE MEDIAN TEMPERATURE, —A.: YES.Q.: — CONTINUING OUR WAY THROUGH THAT MONTH, WHEN’S THE NEXT TIME WE COME TO A TEMPERATURE AT OR ABOVE 61 DEGREES?A.: ON THE 21ST OF FEBRUARY THE AVERAGE TEMPERATURE IS 60.7.Q.: I SAID AT OR ABOVE 61 DEGREES.A.: OKAY. THE NEXT ONE THAT I HAVE IS — THAT IS ABOVE 61 DEGREES ON THE AVERAGE WOULD BE FEBRUARY THE 22ND.Q.: AND THAT’S AT 68.5, RIGHT?A.: THAT’S CORRECT.Q.: AND THE 23RD IS ALSO 68.5?A.: THAT’S CORRECT.Q.: AND THEN THE 24TH, 25TH, 26TH HAVE AVERAGES IN THE FIFTIES?A.: YES.Q.: AND IT’S ONLY ON THE 27TH THAT WE HAVE ANOTHER 65 DEGREES AVERAGE, IS THAT CORRECT?A.: THAT’S CORRECT.Q.: SO FOR THE ENTIRE MONTH OF FEBRUARY, BASED UPON THE MEDIAN TEMPERATURES THAT YOU WERE PROVIDED, ONLY FOUR DAYS EXCEEDED THE 61-DEGREE TEMPERATURE THAT ANDERSON WAS USING, IS THAT CORRECT?A.: WELL, — 61. 61 DEGREE. I COUNT FIVE DAYS THAT EXCEEDED 61 DEGREES.Q.: SO IF WE WERE LOOKING FOR TEMPERATURES THAT MOST CLOSELY MATCHED THE AVERAGE AT SINGING HILLS, WE WOULD BE USING THE 61 DEGREES FAHRENHEIT, 16 DEGREES CELSIUS, FOR OUR COMPARISONS, WOULDN’T WE?A.: NO, SIR. NOT NECESSARILY.
MR. DUSEK: NOTHING FURTHER.
THE COURT: ALL RIGHT.
ANY REDIRECT?
(JUROR NUMBER 12 RAISED HIS HAND.)
THE COURT: NEED A BREAK?
JUROR NUMBER 12: YES.
THE COURT: ALL RIGHT. NEED A BREAK.
LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS.
PLEASE BE OUTSIDE THE DOOR AT 2:45, PLEASE. QUARTER TO 3:00.
(RECESS, 2:30 O’CLOCK, P.M., TO 2:45 O’CLOCK, P.M.)